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Date: 07-10-2020

Case Style:

Jamien Rae Jensen, et al. v. EXC Incorporated, d/b/a D.I.A. Express, Inc., et al.

Case Number: 3:15-cv-08019-SPL

Judge: Steven P. Logan

Court: United States District Court for the District of Arizona (Yavapai County)

Plaintiff's Attorney:


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Defendant's Attorney: Brandi Christine Blair, Eileen Dennis GilBride, Elizabeth Ann Gilbert, John T Masterson

Description: Prescott, AZ - Jamien Rae Jensen, individually and as parent and next friend of minor and as Personal Representative of the Wrongful Death Estate of unborn child: next friend of D.J. deceased C.J., Chavis Johnson
individually and as Personal Representative of the Wrongful Death Estate of:
estate of Butch CJ sued EXC Incorporated, d/b/a D.I.A. Express, Inc., Conlon Garage Incorporated, Go Ahead Vacations Incorporated, Russell J. Conlon on personal injury, auto negligence and respondeat superior theories claiming to have been injured and/or damaged in a bus wreck.

12/04/2019 179 TRANSCRIPT REQUEST -Trial by Russell J Conlon, Conlon Garage Incorporated, EXC Incorporated, Go Ahead Vacations Incorporated, National Interstate Insurance Company for proceedings held on 12/10/2019 - 12/20/2019, Judge Steven P Logan hearing judge(s). (Blair, Brandi) (Entered: 12/04/2019)
12/04/2019 180 TRANSCRIPT REQUEST by Jamien Rae Jensen, Chavis Johnson for proceedings held on 12/10/19-12/20/19, Judge Steven P Logan hearing judge(s). (Biscup, Thomas) (Entered: 12/04/2019)
12/09/2019 181 MEMORANDUM Defendants' Memorandum of Law by Defendants Russell J Conlon, Conlon Garage Incorporated, EXC Incorporated, Go Ahead Vacations Incorporated. (Blair, Brandi) (Entered: 12/09/2019)
12/10/2019 182 *AMENDED BY DOC. 183 * MINUTE ENTRY for proceedings held before Judge Steven P Logan: Jury Trial (Day 1) begun on 12/10/2019. Voir Dire conducted and jury is sworn. Jury Trial will reconvene on 12/11/2019. (Court Reporters Elva Cruz-Lauer/Linda Schroeder.) See attached PDF for complete details. Hearing held 8:57 AM to 4:15 PM.(LMR) Modified on 12/12/2019 (LMR). (Entered: 12/11/2019)
12/10/2019 183 AMENDED MINUTE ENTRY - Amending Doc. 182 - for proceedings held before Judge Steven P Logan: Jury Trial (Day 1) begun on 12/10/2019. Voir Dire conducted and jury is sworn. Jury Trial will reconvene on 12/11/2019. See attached PDF for complete details. Hearing held 8:57 AM to 4:15 PM. (Court Reporter Elva Cruz-Lauer/Linda Schroeder.)(LMR)

Reason for Amendment: to correct case number. Modified docket text on 12/12/2019 (LMR). (Entered: 12/12/2019)
12/11/2019 184 MINUTE ENTRY for proceedings held before Judge Steven P Logan: Jury Trial (Day 2) held on 12/11/2019. Jury Trial will reconvene on 12/12/2019. (Court Reporters Linda Schroeder/Elva Cruz-Lauer.) See attached PDF for complete details. Hearing held 9:03 AM to 4:34 PM.(LMR) (Entered: 12/12/2019)
12/12/2019 185 MINUTE ENTRY for proceedings held before Judge Steven P Logan: Jury Trial (Day 3) held on 12/12/2019. Jury Trial will reconvene on 12/13/2019. (Court Reporters Linda Schroeder/Elva Cruz-Lauer.) See attached PDF for complete details. Hearing held 9:02 AM to 4:36 PM.(LMR) (Entered: 12/13/2019)
12/13/2019 186 MINUTE ENTRY for proceedings held before Judge Steven P Logan: Jury Trial (Day 4) held on 12/13/2019. Jury Trial will reconvene on 12/17/2019. (Court Reporters Elva Cruz-Lauer/Linda Schroeder.) See attached PDF for complete details. Hearing held 9:02 AM to 4:06 PM.(LMR) (Entered: 12/17/2019)
12/17/2019 187 MINUTE ENTRY for proceedings held before Judge Steven P Logan: Jury Trial (Day 5) held on 12/17/2019. Defendants' oral Rule 50 motion for judgment as a matter of law is argued and denied. Jury Trial will reconvene on 12/18/2019. (Court Reporters Elva Cruz-Lauer/Linda Schroeder.) See attached PDF for complete details. Hearing held 9:01 AM to 4:27 PM.(LMR) (Entered: 12/18/2019)
12/18/2019 188 MINUTE ENTRY for proceedings held before Judge Steven P Logan: Jury Trial (Day 6) held on 12/18/2019. Plaintiff's oral Rule 50 motion for judgment as a matter of law is argued and denied. Jury Trial will reconvene on 12/19/2019. (Court Reporters Elva Cruz-Lauer/Linda Schroeder.) See attached PDF for complete details. Hearing held 9:18 AM to 4:44 PM.(LMR) Modified docket text on 12/20/2019 (LMR). (Entered: 12/19/2019)
12/19/2019 189 MINUTE ENTRY for proceedings held before Judge Steven P Logan: Jury Trial (Day 7) completed on 12/19/2019. (Court Reporters Linda Schroeder/Elva Cruz-Lauer.) See attached PDF for complete details. Hearing held 9:01 AM to 3:26 PM.(LMR) (Entered: 12/20/2019)
12/19/2019 190 Witness List by Plaintiffs. (LMR) (Entered: 12/20/2019)
12/19/2019 191 Witness List by Defendants. (LMR) (Entered: 12/20/2019)
12/19/2019 192 Exhibit List by Plaintiffs.(LMR) (Entered: 12/20/2019)
12/19/2019 193 Exhibit List by Defendants. (LMR) (Entered: 12/20/2019)
12/19/2019 194 REDACTED FINAL JURY INSTRUCTIONS. (LMR) (Entered: 12/20/2019)
12/19/2019 195 MINUTE ORDER re Certification of Trial Exhibits for Jury Deliberations. (LMR) (Entered: 12/20/2019)
12/19/2019 196 JURY QUESTIONS/COURT'S ANSWERS DURING DELIBERATIONS. (LMR) (Entered: 12/20/2019)
12/19/2019 197 *JURY VERDICT - REDACTED. (LMR) Modified filed date from 12/20/19 to 12/19/19; NEF regenerated on 12/20/2019 (LMR)/(SCH). (Entered: 12/20/2019)
12/19/2019 198 JURY VERDICT PUNITIVE DAMAGES. (LMR) (Entered: 12/20/2019)
12/19/2019 199 MINUTE ORDER that the exhibits marked, whether or not received in evidence, in the above entitled case at the time of the Jury Trial are returned to respective counsel. (LMR) (Entered: 12/20/2019)
12/19/2019 201 SEALED Final Jury Instructions. (SLQ) (cc: counsel). (Entered: 12/23/2019)
12/19/2019 202 SEALED Verdict Form. (SLQ) (cc: AUSA, Def cnsl). (Entered: 12/23/2019)
12/23/2019 200 CLERK'S JUDGMENT - Pursuant to the Court's Minute Entry filed December 19, 2019, judgment is entered in favor of defendants and against plaintiffs. Plaintiffs to take nothing, and the complaint and action are hereby terminated. (DXD) (Entered: 12/23/2019)
01/02/2020 203 STATEMENT of Costs by Defendants Russell J Conlon, Conlon Garage Incorporated, EXC Incorporated, Go Ahead Vacations Incorporated. (Attachments: # 1 Text of Proposed Order)(Blair, Brandi) (Entered: 01/02/2020)
01/03/2020 204 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Trial - Day 1 MORNING SESSION Proceedings held on 12/10/2019, before Judge Steven P. Logan. [Court Reporter: Elva Cruz-Lauer, RMR, CRR, Telephone number (602) 322-7261]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/24/2020. Redacted Transcript Deadline set for 2/3/2020. Release of Transcript Restriction set for 4/2/2020. (NEC) (Entered: 01/03/2020)
01/03/2020 205 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Jury Trial - Day 1 AFTERNOON SESSION proceedings held on 12/10/2019, before Judge Steven P. Logan. [Court Reporter: Linda Schroeder, RDR, CRR, Telephone number (602) 322-7249]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/24/2020. Redacted Transcript Deadline set for 2/3/2020. Release of Transcript Restriction set for 4/2/2020. (NEC) (Entered: 01/03/2020)
01/03/2020 206 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Jury Trial - Day 2 MORNING SESSION proceedings held on 12/11/2019, before Judge Steven P. Logan. [Court Reporter: Linda Schroeder, RDR, CRR, Telephone number (602) 322-7249]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/24/2020. Redacted Transcript Deadline set for 2/3/2020. Release of Transcript Restriction set for 4/2/2020. (NEC) (Entered: 01/03/2020)
01/03/2020 207 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Jury Trial - Day 2 AFTERNOON SESSION proceedings held on 12/11/2019, before Judge Steven P. Logan. [Court Reporter: Elva Cruz-Lauer, RMR, CRR, Telephone number (602) 322-7261]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/24/2020. Redacted Transcript Deadline set for 2/3/2020. Release of Transcript Restriction set for 4/2/2020. (NEC) (Entered: 01/03/2020)
01/03/2020 208 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Jury Trial - Day 3 MORNING SESSION proceedings held on 12/12/2019, before Judge Steven P. Logan. [Court Reporter: Linda Schroeder, RDR, CRR, Telephone number (602) 322-7249]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/24/2020. Redacted Transcript Deadline set for 2/3/2020. Release of Transcript Restriction set for 4/2/2020. (NEC) (Entered: 01/03/2020)
01/03/2020 209 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Jury Trial - Day 3 AFTERNOON SESSION proceedings held on 12/12/2019, before Judge Steven P. Logan. [Court Reporter: Elva Cruz-Lauer, RMR, CRR, Telephone number (602) 322-7261]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/24/2020. Redacted Transcript Deadline set for 2/3/2020. Release of Transcript Restriction set for 4/2/2020. (NEC) (Entered: 01/03/2020)
01/03/2020 210 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Jury Trial - Day 4 MORNING SESSION proceedings held on 12/13/2019, before Judge Steven P. Logan. [Court Reporter: Elva Cruz-Lauer, RMR, CRR, Telephone number (602) 322-7261]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/24/2020. Redacted Transcript Deadline set for 2/3/2020. Release of Transcript Restriction set for 4/2/2020. (NEC) (Entered: 01/03/2020)
01/03/2020 211 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Jury Trial - Day 4 AFTERNOON SESSION proceedings held on 12/13/2019, before Judge Steven P. Logan. [Court Reporter: Linda Schroeder, RDR, CRR, Telephone number (602) 322-7249]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/24/2020. Redacted Transcript Deadline set for 2/3/2020. Release of Transcript Restriction set for 4/2/2020. (NEC) (Entered: 01/03/2020)
01/03/2020 212 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Jury Trial - Day 5 MORNING SESSION proceedings held on 12/17/2019, before Judge Steven P. Logan. [Court Reporter: Elva Cruz-Lauer, RMR, CRR, Telephone number (602) 322-7261]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/24/2020. Redacted Transcript Deadline set for 2/3/2020. Release of Transcript Restriction set for 4/2/2020. (NEC) (Entered: 01/03/2020)
01/03/2020 213 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Jury Trial - Day 5 AFTERNOON SESSION proceedings held on 12/17/2019, before Judge Steven P. Logan. [Court Reporter: Linda Schroeder, RDR, CRR, Telephone number (602) 322-7249]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/24/2020. Redacted Transcript Deadline set for 2/3/2020. Release of Transcript Restriction set for 4/2/2020. (NEC) (Entered: 01/03/2020)
01/03/2020 214 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Jury Trial - Day 6 MORNING SESSION proceedings held on 12/18/2019, before Judge Steven P. Logan. [Court Reporter: Elva Cruz-Lauer, RMR, CRR, Telephone number (602) 322-7261]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/24/2020. Redacted Transcript Deadline set for 2/3/2020. Release of Transcript Restriction set for 4/2/2020. (NEC) (Entered: 01/03/2020)
01/03/2020 215 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Jury Trial - Day 6 AFTERNOON SESSION proceedings held on 12/18/2019, before Judge Steven P. Logan. [Court Reporter: Linda Schroeder, RDR, CRR, Telephone number (602) 322-7249]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/24/2020. Redacted Transcript Deadline set for 2/3/2020. Release of Transcript Restriction set for 4/2/2020. (NEC) (Entered: 01/03/2020)
01/03/2020 216 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Jury Trial - Day 7 MORNING SESSION proceedings held on 12/19/2019, before Judge Steven P. Logan. [Court Reporter: Linda Schroeder, RDR, CRR, Telephone number (602) 322-7249]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/24/2020. Redacted Transcript Deadline set for 2/3/2020. Release of Transcript Restriction set for 4/2/2020. (NEC) (Entered: 01/03/2020)
01/03/2020 217 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Jury Trial - Day 7 AFTERNOON SESSION proceedings held on 12/19/2019, before Judge Steven P. Logan. [Court Reporter: Elva Cruz-Lauer, RMR, CRR, Telephone number (602) 322-7261]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/24/2020. Redacted Transcript Deadline set for 2/3/2020. Release of Transcript Restriction set for 4/2/2020. (NEC) (Entered: 01/03/2020)
01/08/2020 218 SEALED Returned Mail doc 201 returned as to Eileen Dennis GilBride. Reason for return - unable to forward. (SLQ) (Entered: 01/09/2020)
01/17/2020 219 OBJECTION/ANSWER/RESPONSE to BILL OF COSTS (Doc. 203) by Jamien Rae Jensen, Chavis Johnson. (Biscup, Thomas) (Entered: 01/17/2020)
01/20/2020 220 MOTION for Judgment as a Matter of Law (Renewed Motion) by Jamien Rae Jensen, Chavis Johnson. (Attachments: # 1 Text of Proposed Order)(Biscup, Thomas) (Entered: 01/20/2020)
01/31/2020 221 RESPONSE to Motion re: 220 MOTION for Judgment as a Matter of Law (Renewed Motion) filed by Russell J Conlon, Conlon Garage Incorporated, EXC Incorporated, Go Ahead Vacations Incorporated. (GilBride, Eileen) (Entered: 01/31/2020)
02/07/2020 222 REPLY to Response to Motion re: 220 MOTION for Judgment as a Matter of Law (Renewed Motion) filed by Jamien Rae Jensen, Chavis Johnson. (Biscup, Thomas) (Entered: 02/07/2020)
04/15/2020 223 ORDER denying 220 Plaintiffs' Renewed Motion for Judgment as a Matter of Law. See order for details. Signed by Judge Steven P Logan on 4/15/2020. (LMR) (Entered: 04/15/2020)
05/11/2020 224 NOTICE OF APPEAL to 9th Circuit Court of Appeals re: 200 Clerks Judgment, 223 Order on Motion for Judgment as a Matter of Law by Jamien Rae Jensen, Justin Jensen, Katrina Jensen, Louise R Jensen, Murphy Jensen, Nicole Jensen, Raymond Jensen, Sr, Raymond Jensen, Jr, Ryan Jensen, Chavis Johnson, Dominique Johnson, Francesca Johnson, Frank Johnson, Holly Johnson, Justin Johnson, Margaret Johnson. Filing fee received: $ 505.00, receipt number 0970-18268920. (Attachments: # 1 Appeal Information Representation Statement Per FRAP 12(b) and Circuit Rule 3-2(b))(Biscup, Thomas) (Entered: 05/11/2020)
05/13/2020 225 USCA Case Number re: 224 Notice of Appeal. Case number 20-15908, Ninth Circuit. (LAD) (Entered: 05/13/2020)
06/09/2020 226 TRANSCRIPT REQUEST by Jamien Rae Jensen, Justin Jensen, Katrina Jensen, Louise R Jensen, Murphy Jensen, Nicole Jensen, Raymond Jensen, Sr, Raymond Jensen, Jr, Ryan Jensen, Chavis Johnson, Dominique Johnson, Francesca Johnson, Frank Johnson, Holly Johnson, Justin Johnson, Margaret Johnson for proceedings held on 6/4/2019, Judge Steven P Logan hearing judge(s) re: 224 Notice of Appeal. (Biscup, Thomas) (Entered: 06/09/2020)
06/10/2020 227 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Final Pretrial Conference - Continued (Pages 97-135, inclusive) proceedings for date of 06/04/2019 before Judge STEVEN P. LOGAN re: 224 Notice of Appeal. [Court Reporter: Elva Cruz-Lauer, RMR, CRR, Telephone number (602) 322-7261]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/1/2020. Redacted Transcript Deadline set for 7/13/2020. Release of Transcript Restriction set for 9/8/2020. (RAP) (Entered: 06/12/2020)
06/15/2020 228 TRANSCRIPT REQUEST by Russell J Conlon, EXC Incorporated, Go Ahead Vacations Incorporated for proceedings held on June 4, 2019, Judge Steven P Logan hearing judge(s). (GilBride, Eileen) (Entered: 06/15/2020)

Outcome: Pursuant to the Court's Minute Entry filed December 19, 2019, judgment is entered in favor of defendants and against plaintiffs. Plaintiffs to take nothing, and the complaint and action are hereby terminated. (DXD) (Entered: 12/23/2019)

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